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By Ed Boltz, 17 November, 2015

4th Cir.: Kingery v. Quicken Loans- Use of Credit Score in Denial of Loan

Summary: Ms. Kingery applied to Quicken Loans for a loan to refinance her home mortgage and gave permission for it to retrieve her credit reports. On May 3, 2010, Quicken Loan retrieved her tri-merge credit reports, which showed her credit scores and also that foreclosure had been commenced against her home. Based on the pending foreclosure, as shown by manually entered notes, Quicken Loans denied her refinance request. Subsequently, Quicken Loans transferred Ms. Kingery to its credit repair program. When that was unsuccessful, Quicken Loans sent Ms.
By Ed Boltz, 8 October, 2015

Mortgage Modification Mediation Docs

Mortgage Mediation in other Jurisdictions: Nevada Mortgage Modification Mediation Docs Florida Mortgage Modification Mediation Docs South Carolina Mortgage Modification Mediation Docs
By Ed Boltz, 2 October, 2015

Student Loan Options and Chapter 13 Bankruptcy

IDR

Student Loan Options and Chapter 13 Bankruptcy

Buchanan Provisions

Student Loan Bankruptcy Hot Topics

By Ed Boltz, 12 March, 2015

Wall Street Journal: Bankruptcy Lawyers Cheer White House Focus on Student Debt

Bankruptcy Lawyers Cheer White House Focus on Student Debt
  • By KATY STECH
President Barack Obama signs a Student Aid Bill of Rights in the Oval Office of the White House in Washington, D.C., March 10, 2015.European Pressphoto Agency
The White House is exploring whether to make it easier for Americans to get rid
By Ed Boltz, 5 February, 2015

N.C. Court of Appeals: In re Bober- Finality of Foreclosure Sale

Summary: The Bobers sought to raise issues with the validity of the notarization of a Deed of Trust against property owned as tenants by the entireties on the basis that Mr. Bober had signed it for himself and under a Power of Attorney for his wife, but the notary did not expressly indicate that he was appearing in that capacity for Mrs.
By Ed Boltz, 5 February, 2015

N.C. Court of Appeals: In re Powell- Sufficiency of Notice of Foreclosure

Summary: After falling delinquent on her mortgage in September of 2012, Nationstar sent a notice of default to Powell on March 5, 2013. This was followed by a notice of her right to dispute the debt. On April 26, 2013, the Substitute Trustee commenced foreclosure attempting service through the Sheriff’s office. Unable to serve Powell, the deputy posted the foreclosure notice on her door. Further notice was attempted through certified mail on May 1, 2013, but this was returned as unclaimed.
By Ed Boltz, 4 February, 2015

N.C. Court of Appeals: Mazzone v. Bank of America- Res Judicata Effect of Foreclosure Hearing

Summary: The Court of Appeals held that the finding by the Mecklenburg Clerk of Court at the foreclosure hearing that Bank of America was the holder of the mortgage note was res judicata and precluded the Mazzones from making an impermissible collateral attack on this question in a subsequent action to quiet title. Commentary: The Court of Appeals here relied completely on Phil Mechanic Const. Co., Inc. v. Haywood, 72 N.C. App. 318, 322, 325 S.E.2d 1, 3 (1985) which held that “when a mortgagee or trustee elects to proceed under G.S.
By Ed Boltz, 4 February, 2015

N.C. Court of Appeals: In re Clouse- Requirement for De Novo Foreclosure Hearing

Summary: On October 21, 1998, the Clouses granted a Deed of Trust against their home originally to Homecomings Financial, later assigned to Deutsche Bank and serviced by GMAC. On June 22, 2012, Turnip Investments, following its suit against the Clouses, purchased the property at a judgment execution sale for $1,000.
By Ed Boltz, 3 February, 2015

M.D.N.C.: Brown v. Western Sky- Forum Selection and Tribal Exhaustion

Summary: Plaintiffs brought a class action against various payday lenders for violations of North Carolina law forbidding high interest rate loans either through by telephone or internet.
By Ed Boltz, 3 February, 2015

N.C. Court of Appeals: Macon Bank v. Cornblum- Clerical Error in Consent Order

Summary: Mr. & Mrs. Cornblum entered into a consent judgment with Plaintiff for a $225,000 from default on a home equity line. The Consent Order, despite being signed by both parties and the lawyer, identified as “Attorney for the Defendants”, used the singular “Defendant” throughout the body of the agreement.

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